Lawyer Li, a partner of Beijing Deheng (Xixian New Area) Law Firm, said that the Internet is not an illegal place. If you insult others on Internet platforms such as WeChat, you may have to bear civil, administrative and even criminal responsibilities. If the circumstances are serious, he may be sentenced to fixed-term imprisonment of not more than three years.
The Civil Code stipulates that no organization or individual may infringe upon the reputation of others by insulting or slandering; No organization or individual may infringe upon the privacy rights of others by spying, infringing, disclosing or making public. Insulting others on WeChat group, circle of friends and other platforms may infringe on others' reputation right, on the other hand, it may reveal others' privacy right, which is an infringement of others' personality right and should bear corresponding civil liability.
The Law on Public Security Administration Punishment also stipulates that anyone who publicly insults others or fabricates facts to slander others shall be detained for not more than five days or fined not more than 500 yuan; If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan. Insulting others through platforms such as WeChat group and circle of friends is also an act of openly insulting others. The public security organ may decide whether to give public security punishment according to the situation.
If the circumstances of insulting others are serious, they may also violate the criminal law. The crime of insult is mainly manifested in publicly insulting others' personality and damaging their reputation by violence or other means, and the circumstances are serious. "publicly insulting others" means insulting others in public or in a way that can be heard or seen by many people. Public insult does not necessarily require the presence of the victim, and insulting others through the internet conforms to the typical characteristics of this crime. The crime of libel is mainly manifested in the behavior that the actor fabricates and spreads some fictional facts, which is enough to degrade the personality and reputation of others. According to Article 246 of China's Criminal Law, whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. /attachment/jpg/site 2 15/20220826/7029 188 1 17286597782 . jpg